# C_2008304EN.01002101.xml

| 27.11.2008 | EN | Official Journal of the European Union | C 304/21 |
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27.11.2008

EN

Official Journal of the European Union

C 304/21

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Prior notification of a concentration

(Case COMP/M.5405 — Hargreaves/Evonik/JV)

Candidate case for simplified procedure

(Text with EEA relevance)

(2008/C 304/11)

| 1. | On 20 November 2008, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertakings Evonik Power Minerals GmbH (‘EPM GmbH’, Germany) (belonging to the group Evonik Industries AG) and Hargreaves Services plc (‘HS’, United Kingdom) (belonging to the Hargreaves Group) acquire within the meaning of Article 3(1)(b) of the Council Regulation joint control of the undertaking Evonik Hargreaves Ltd (United Kingdom) by way of purchase of shares in a newly created company constituting a joint venture. |
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1.

On 20 November 2008, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertakings Evonik Power Minerals GmbH (‘EPM GmbH’, Germany) (belonging to the group Evonik Industries AG) and Hargreaves Services plc (‘HS’, United Kingdom) (belonging to the Hargreaves Group) acquire within the meaning of Article 3(1)(b) of the Council Regulation joint control of the undertaking Evonik Hargreaves Ltd (United Kingdom) by way of purchase of shares in a newly created company constituting a joint venture.

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| 2. | The business activities of the undertakings concerned are:






  — | for EPM GmbH: provision of services to coal fired power plants regarding the waste management and the marketing of coal combustion products, |
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2.

The business activities of the undertakings concerned are:

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for EPM GmbH: provision of services to coal fired power plants regarding the waste management and the marketing of coal combustion products,

| — | for HS: mineral import, waste management and transportation and mining in the UK. |
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for HS: mineral import, waste management and transportation and mining in the UK.

| 3. | On preliminary examination, the Commission finds that the notified transaction could fall within the scope of Regulation (EC) No 139/2004. However, the final decision on this point is reserved. Pursuant to the Commission Notice on a simplified procedure for treatment of certain concentrations under Council Regulation (EC) No 139/2004 (2) it should be noted that this case is a candidate for treatment under the procedure set out in the Notice. |
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3.

On preliminary examination, the Commission finds that the notified transaction could fall within the scope of Regulation (EC) No 139/2004. However, the final decision on this point is reserved. Pursuant to the Commission Notice on a simplified procedure for treatment of certain concentrations under Council Regulation (EC) No 139/2004 (2) it should be noted that this case is a candidate for treatment under the procedure set out in the Notice.

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| 4. | The Commission invites interested third parties to submit their possible observations on the proposed operation to the Commission.
  Observations must reach the Commission not later than 10 days following the date of this publication. Observations can be sent to the Commission by fax ((32-2) 296 43 01 or 296 72 44) or by post, under reference number COMP/M.5405 — Hargreaves/Evonik/JV, to the following address:





  European Commission |
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| Directorate-General for Competition |
| Merger Registry |
| J-70 |
| B-1049 Brussels |

4.

The Commission invites interested third parties to submit their possible observations on the proposed operation to the Commission.

Observations must reach the Commission not later than 10 days following the date of this publication. Observations can be sent to the Commission by fax ((32-2) 296 43 01 or 296 72 44) or by post, under reference number COMP/M.5405 — Hargreaves/Evonik/JV, to the following address:

European Commission

Directorate-General for Competition

Merger Registry

J-70

B-1049 Brussels

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(1)  OJ L 24, 29.1.2004, p. 1.

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(2)  OJ C 56, 5.3.2005, p. 32.

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